Method of appeal against disciplinary action against the police assigned for special guard working in the State or local governments;

The police assigned for special guard working at the State or local government is not a public official under the State Public Officials Act or the Local Public Officials Act, but in contrast to other police assigned for special guard, the person with appointment authority shall receive remuneration from the State or local government, receive accident compensation and retirement benefits under the Public Officials Pension Act, not the Industrial Accident Compensation Insurance Act or the Labor Standards Act, and also receive the State Compensation Act, not the Civil Act, the State compensation Act, the civil law, and considering other characteristics such as qualification for appointment, duties, duty, duty, etc., it is difficult to regard the relevant work relationship as a private employment contract, and thus, it is difficult

Articles 5 and 10-2 of the Police Assigned for Special Guard Act; Articles 3 and 10 of the Enforcement Decree of the same Act; Article 226 of the Civil Procedure Act; Article 2 of the Administrative Litigation Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant)

Plaintiff

Suwon-si

Seoul High Court Decision 92Na1942 delivered on September 23, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

The police assigned for special guard working for the state or local government is not a public official under the State Public Officials Act or the Local Public Officials Act, but in contrast to other police assigned for special guard, the person who has the authority to appoint is the head of the administrative agency, receive accident compensation and retirement benefits under the Public Officials Pension Act which is not the Industrial Accident Compensation Insurance Act or the Labor Standards Act, and receive accident compensation and retirement benefits under the Public Officials Pension Act which is not the Industrial Accident Compensation Insurance Act or the Labor Standards Act, and it is unique that the State Compensation Act, not the Civil Act

Therefore, the judgment of the court below which held that the plaintiff's lawsuit of this case seeking correction of disciplinary action against the plaintiff who is the registered security guard working at the water supply facility office in Suwon City is just and there is no error of law such as the theory of lawsuit.

The issue is groundless.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the plaintiff. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Dong-man (Presiding Justice)